The purpose of this chapter is to establish minimum technical standards
for the submission and approval of a forest stand delineation, forest conservation
plan and other performance standards enumerated herein. The County Commissioners
have determined that to meet the requirements of Natural Resources Article,
§ 5-1601 et seq., Annotated Code of Maryland, the provisions of
this chapter must be enacted.
This chapter receives its authority from Natural Resources Article,
§§ 5-1601 through 5-1612, Annotated Code of Maryland, and COMAR
08.19.01-08.19.06.
As used in this chapter, the following terms shall have the meanings
indicated:
AFFORESTATION
A.
Establishment of a forest on an area from which forest cover has been
absent for a long period of time;
B.
Planting of open areas which are not presently in forest cover; or
C.
Establishment of a forest according to procedures set forth in the Dorchester
County Forest Conservation Technical Manual.
AGRICULTURAL AND RESOURCE AREA
Those areas of Dorchester County with the following zoning classifications
as identified on the official Dorchester County Zoning Map(s): Conservation
District (C); Agricultural-Residential District (A-R); Maritime-Agricultural-Residential
(M-A-R); R-1 Residential District and the R-2 Residential District (if the
parcel is not served by central water and sewer).
CHAMPION TREE
The largest tree of its species within the United States, the state,
county or municipality.
COMMISSION
The Dorchester County Planning Commission.
COUNTY
The County Commissioners of Dorchester County.
CRITICAL HABITAT AREAS
A critical habitat for endangered species and its surrounding protection
area. A "critical habitat area" shall:
A.
Be likely to contribute to the long-term survival of the species;
B.
Be likely to be occupied by the species for the foreseeable future;
and
C.
Constitute habitat of the species which is deemed critical under Title
4, Subtitle 2A, Section 6, §§ 4-2A-04 and 10-2A-06 of the Natural
Resources Article, Annotated Code of Maryland.
DEPARTMENT
Either the Department of Planning and Zoning or the Dorchester County
Highway Department, whichever is applicable.
DORCHESTER COUNTY FOREST CONSERVATION TECHNICAL MANUAL
The Forest Conservation Manual -- Guidance for the Conservation of
Maryland's Forests During Land Use Changes Under the 1991 Forest Conservation
Act, dated December 31, 1991. The term shall also apply to any amendment of
the manual or any locally authored manual which supersedes the state manual.
FOREST
A biological community dominated by trees and other woody plants
covering a land area of 10,000 square feet or greater. This area must have
a tree density of at least 100 living trees per acre, with at least 50% of
those trees having a two-inch or greater diameter at 4.5 feet above the ground.
A "forest" includes areas that have been cut but not cleared. "Forest" does
not include orchards or Christmas tree plantations.
FOREST CONSERVATION
The retention of existing forest or the creation of new forest at
the levels prescribed by the local authority.
FOREST MANAGEMENT PLAN
A plan establishing best conservation and management practices for
a landowner in assessment of the resource values of forested property.
FOREST STAND DELINEATION
The description of the existing vegetation on a site proposed for
development, prepared pursuant to this chapter.
INTERMITTENT STREAM
A stream in which surface water is absent during a part of the year
as shown on the most recent seven-and-five-tenths-minute topographical quadrangle
published by the United States Geological Survey or as confirmed by field
verification.
MAINTENANCE AGREEMENT
The short-term management agreement associated with afforestation
or reforestation plans required under Natural Resources Article, § 5-1605,
Annotated Code of Maryland, and this chapter.
NATURAL REGENERATION
The natural establishment of trees and other vegetation with at least
400 woody, free-to-grow seedlings per acre, which are capable of reaching
a height of at least 20 feet at maturity.
NET TRACT AREA
A.
Except in agricultural and resource areas, the total area of a parcel,
including both forested and nonforested areas, to the nearest one-tenth (1/10)
acre, reduced by the area found to be within the critical area and the incorporated
limits of any municipality.
B.
In agricultural and resource areas, the part of the total tract for
which land use will be changed or will no longer be used for primary agricultural
activities reduced by the area to be found within the critical area and the
incorporated limits of any municipality.
NONTIDAL WETLAND
A.
An area that is inundated or saturated by surface or groundwater at
a frequency and duration sufficient to support, and under normal conditions
does support, a prevalence of vegetation typically adapted for life in saturated
soil conditions, commonly known as "hydrophytic vegetation."
B.
The determination of whether an area is considered a nontidal wetland
shall be made in accordance with the publication known as the "Federal Manual
for Identifying and Delineating Jurisdictional Wetlands," published in 1989,
and as may be amended and interpreted by the United States Environmental Protection
Agency.
C.
"Nontidal wetlands" do not include tidal wetlands regulated under Title
9 of the Natural Resources Article, Annotated Code of Maryland.
OFF SITE
Outside the limits of the area encompassed by a parcel.
ON SITE
Within the limits of the area encompassed by a parcel.
PERENNIAL STREAM
A stream containing surface water throughout an average rainfall
year, as shown on the most recent seven-and-five-tenths-minute topographical
quadrangle published by the United States Geological Survey or as confirmed
by field verification.
QUALIFIED PROFESSIONAL
A person who:
B.
Is a licensed landscape architect; or
C.
Meets the minimum requirements for qualified professionals as determined
by the Maryland Department of Natural Resources for preparing forest stand
delineations and forest conservation plans and is approved, in writing, by
the Maryland Department of Natural Resources as a qualified professional.
REFORESTATION
A.
Creation of a biological community dominated by trees and other woody
plants containing at least 100 live trees per acre, with at least 50% of those
trees having the potential of attaining a two-inch or greater diameter measured
at 4.5 feet above the ground within seven years; or
B.
Establishment of a forest according to procedures set forth in the Dorchester
County Forest Conservation Technical Manual.
RETENTION
The deliberate holding and protecting of existing trees, shrubs or
plants on the site, according to established standards.
SEEDLING
An unbranched woody plant, less than 24 inches in height and having
a diameter of less than one-half-inch caliper measured at two inches above
the root collar.
SELECTIVE CLEARING
The planned removal of trees, shrubs and plants using specific standards
and protection measures under an approved forest conservation plan.
STREAM BUFFER
All lands lying within 50 feet, measured from the top of each normal
bank of a perennial or intermittent stream.
SUBDIVISION
The division of a single lot, tract or parcel of land or part thereof
into two or more lots, tracts or parcels of land for the purpose, whether
immediate or future, of transfer of ownership or of building development.
"Subdivision," when appropriate to the context, shall relate to the process
of subdividing or to the lands subdivided.
TIMBER HARVESTING
A tree cutting operation affecting one or more acres of forest or
developed woodland within a one-year integral that disturbs 5,000 square feet
or more of forest floor. "Timber harvesting" does not include grubbing and
clearing or root mass.
TREE
A large, woody plant that reaches a height of at least 20 feet at
maturity, having one or several self-supporting stems or trunks and numerous
branches.
WATERSHED
All land lying within an area described as a subbasin in water quality
regulations adopted by the Department of Environment under COMAR 26.08.02.08.
WHIP
An unbranched woody plant greater than 24 inches in height and having
a diameter of less than one inch, measured at two inches above the root collar.
[Amended 9-24-2002 by Ord. No. 308]
A. A County agency may establish a forested area in the
amount of planned cutting or clearing on County-maintained rights-of-way.
Such areas shall be subject to the provisions for short- and long-term protection.
B. Forest mitigation banking would be permitted on private
land for the mutual benefit of landowners to purchase and sell mitigation
bank credits to persons who would be required to meet forest conservation
requirements.
(1) Sites must be 10 acres and include one of the following:
(a) Existing forestland of 10 acres or more.
(b) Establishment of riparian forest buffer planting along
agricultural stream systems.
(c) Enhancement of riparian forested areas by planting adjacent
to existing riparian areas.
(d) Establishment of planting on less productive agricultural
soils.
(2) To create a forest mitigation bank:
(a) Landowner is required to develop a forest conservation plan with a licensed Maryland forester, licensed landscape architect, or Maryland DNR qualified environmental professional. Requirements of a forest conservation plan are listed under §
96-5.
(b) A two-year maintenance agreement is required (§
96-6A), and a LTPA, long-term protection agreement (§
96-6B). This LTPA should be notarized when submitted. Applicants can have the agreement notarized at the Dorchester County Office of Planning and Zoning.
(c) The forest conservation plan and LTPA will be filed by
the County with the clerk of courts.
(d) A forest conservation plan will require the posting of
a letter of credit from a financial institution for two years from plan approval.
(e) Landowners must obtain final approval of their forest
conservation plan from the Dorchester County Office of Planning and Zoning
Forest Conservation Program, prior to the selling of mitigation credits.
(f) Any agreement made for selling and/or purchasing mitigation
credits is between individual parties, and is not between the Dorchester County
Office of Planning and Zoning or its employees/agents.
(g) Lands under CREP, or similar programs,
are not eligible for mitigation banking.